Excerpted from:
State Legislated Actions on Tobacco Issues
Edited by Jessica Bartelt
A Publication of the The Coalition on Smoking OR Health: The American Heart Association, The American Cancer Society, The American Lung Association.
To request a copy of this publication in its entirety, please mail a check or money order for $10.00, made payable to the Coalition on Smoking OR Health, along with your name and address to: The Coalition on Smoking OR Health, 1150 Connecticut Avenue, N.W., Suite 820, Washington, DC 20036.
Tobacco-Control Update: Highlights of 1995 Activity by State
ALASKA
Amended the criminal jurisdiction of the district court to include possession of tobacco by a person under the age of 19 and allowed the juvenile offenders to be charged, prosecuted and sentenced as an adult for tobacco possession. AK S.B. 46, enacted 6/15/95 and effective 9/13/95.
ARIZONA
Established oversight committees and administrative guidelines for the indigent health care and tobacco-related research programs created by the ballot initiative to increase the tobacco tax last year. AZ H.B. 2275, enacted 4/19/95 and effective 7/13/95.
Allocated revenue from the voter approved indigent health care program to pay for certain organ and tissue transplants for eligible recipients. Provided partial coverage by extending eligibility for transplant candidates who become ineligible for government assisted care before their transplant is accomplished due to the fact that they receive income over the maximum income limit, but repeals this provision as of 9/30/97. AZ S.B. 1001, enacted and effective 10/17/95.
CALIFORNIA
Prohibited the placement of tobacco product vending machines in locations other than those issued an on-sale license for the sale of alcoholic beverages, and required these vending machines to be at least 15 feet away from the entrance. Any person, firm or corporation that sells, offers for sale, or distributes tobacco products from a vending machine, or that leases, furnishes, or services a vending machine in violation of this provision, shall be assessed civil penalties ranging from $200-300 for the first violation to $5,000-6,000 for the fifth and subsequent violations within five years. CA A.B. 686, enacted 10/12/95 and effective 1/1/96.
IDAHO
Readjusted the appropriation of the revenue generated by last years' tobacco tax increase. Initially, the entire revenue from the increase was distributed to the public school income fund for substance abuse programs in the public school system. Now, half of the revenue will assist the counties in meeting start-up costs for expanded juvenile probation services and programs. This funding will be reexamined in one year to determine if it remains justifiable, and after two years, all the revenue will be returned to the public school substance abuse programs. ID H.B. 183, enacted and effective 3/28/95.
ILLINOIS
Eliminated exemptions local school boards could make from the prohibition of the use of tobacco products on school grounds when being used for school purposes, including without limitation outside of school buildings before or after the regular school day or on days when school is not in session. Restricted tobacco product vending machines to: factories, businesses, offices, private clubs, and other places not open to the general public; places to which minors under 18 are not permitted; places where alcoholic beverages are sold and consumed on the premises; places where the vending machine is in the unimpeded line of sight of the owner or an employee; or, places where the vending machine can only be operated by the owner or an employee either directly or through a remote control device if the device is inaccessible to all customers. IL S.B. 717, enacted and effective 7/19/95.
Imposed a tax on tobacco products other than cigarettes at the rate of 18% of the wholesale price. All revenues go to the Long-Term Care Provider Fund of the State Treasury. All tobacco product distributors must be licensed annually by the Department of Revenue and must file a bond with their application to protect the state against failure to pay the due taxes. The amount of the bond shall not exceed three times the amount of the applicant's average monthly tax liability, or $50,000, whichever is lower. The bonding requirement does not apply to applicants that are already bonded under the Cigarette Tax Act or the Cigarette Use Tax Act. IL S.B. 465, enacted 6/6/95 and effective 9/1/95.
MAINE
Required all persons or corporations engaged in the retail sale or free distribution of tobacco products to obtain a retail tobacco license. All retail licenses may cost up to $25 and are valid indefinitely unless suspended or revoked. Tobacco vending machines must also be licensed, must only dispense tobacco products and must be within the unobstructed line of sight and under the direct supervision of an adult responsible for preventing purchases by minors. Raised the civil penalty forfeiture for a person who knowingly sells or distributes a tobacco product to a minor to between $50 and $1,500 for any one offense, which is now equal to the fine that may be imposed on their employer. Increased the penalties to minors for purchasing tobacco products and expanded the cause for these penalties to include offering false identification to purchase tobacco products or possessing or using these products. Minors who violate these provisions may be fined between $100 and $500 and/or may be ordered to perform community service. A $500 fine is mandatory for minors for their third and subsequent violations. The Administrative Court may also revoke or suspend licenses for a definite period of time to be determined by the Court. Municipalities are expressly prohibited from enacting ordinances and regulations regarding tobacco displays, product placement and the time of tobacco product sales after the effective date of this act.* ME S.B. 306, enacted 7/3/95 and effective 9/29/95.
MARYLAND
Modified the workplace smoking regulation enacted last year. Smoking is now allowed in any generally recognized bar or tavern, including those located in restaurants; a separate enclosed room not to exceed 40% of the total area in any restaurant; and, 40% of the sleeping rooms in a hotel or motel. No separate ventilation is required of these smoking areas. MD H.B. 1368, enacted and effective 3/27/95.
MASSACHUSETTS
Prohibited the sale of cigarette rolling papers to any person under the age of eighteen. Violators shall be punished by a fine of not less than $25 for the first offense, $50 for the second offense and $100 for subsequent offenses. No city, town, department, board or other political subdivision or agency of the Commonwealth may impose any requirements, restrictions, or prohibitions pertaining to the sale of cigarette rolling papers, in addition to those in this section, notwithstanding any ordinance or regulation that is in effect on 2/20/96.* MA H.B. 5027, enacted 11/22/95 and effective 2/20/96.
MICHIGAN
Established the Healthy Michigan Fund in the state treasury for various programs including smoking cessation and anti-tobacco activities. MI H.B. 4236, enacted 6/29/95 and effective 9/30/95.
MINNESOTA
Provided an exemption to its smoking prohibition in health care facilities to allow smoking by participants in peer-reviewed scientific studies related to the health effects of smoking in a separate ventilated room. Also removed a provision that allowed the state commissioner of health to provide waivers upon request to the Minnesota clean indoor air act. MN H.B. 1037, enacted 5/15/95 and effective 5/16/95.
MONTANA
Prohibited the possession or consumption of tobacco products by persons under 18. Penalties for a violation of this provision include progressive fines, possible adjudication for supervision by the youth court, community service or cessation program participation. MT H.B. 457, enacted 4/12/95 and effective 10/1/95.
Repealed the civil penalties assessed for the first through the fourth violations of the tobacco sales to minors law. Included a license suspension of three months for a sixth violation and one year for seventh and subsequent violations. Also added a $25 tobacco education fee for the first and subsequent violations to be assessed against the employee who makes the illegal sale. The employee must review self-teaching materials provided by the department of corrections and human services, and the owner must return these materials and a written statement verifying that the employee complied with this provision. MT H.B. 539, enacted 4/14/95 and effective 10/1/95.
NEVADA
Required the attorney general to conduct random, unannounced inspections at locations where tobacco products are sold, distributed or offered for sale to inspect for and enforce compliance with sales to minors laws. The attorney general may contract with local law enforcement officials or any other person who will perform the inspection in a fair and impartial manner. The inspector may enlist a child under 18 to assist with the inspection if written consent is obtained from the child's parent, the child states his true age and that he is under 18 if questioned during the inspection, the child's appearance is not altered to make him appear older and a picture is taken immediately before the inspection. An inspector assisted by a child shall inform the establishment that an inspection has been performed and the result, and prepare a written report. Any person who sells or distributes tobacco products to a minor shall be punished by a fine of not more than $500 and a civil penalty of not more than $500. With respect to any sale made by his employee, the owner of a retail establishment shall be deemed to be in compliance if he had no actual knowledge of the sale and he establishes and carries out a continuing program of training for his employees which is reasonably designed to prevent violations. Prohibited the sale or distribution of cigarettes and smokeless tobacco products other than in an unopened package which originated with the manufacturer and bears any required health warnings. A violator of this provision shall be punished by a fine of $100 and a civil penalty of $100. Required coin-operated vending machines containing tobacco products to not be used to dispense non-tobacco products. Also expanded the preemption of local authority to prevent local agencies, boards, commissions or political subdivisions of the state from enacting more stringent restrictions on the use, sale, distribution, marketing, display or promotion of tobacco products.* NV A.B. 622 enacted 7/6/95 and effective 7/1/95.
NEW HAMPSHIRE
Increased the penalty for illegal sales or distribution of promotional samples of tobacco products to minors under 18 years old to $100 for each violation. Increased the penalty for minors who purchase, possess, or use tobacco or misrepresent their age for the purpose of purchasing tobacco products to up to $100 for each violation or 20 hours of community service, or both. If available, punishment may also include participation in an educational program. Also restricted placement of tobacco vending machines to buildings where an employee or agent of the business will be present to monitor the machine to determine the age of any person using the machine. NH H.B. 650, enacted 6/19/95 and effective 8/18/95.
NEW JERSEY
Authorized the Commissioner of Health to enforce the prohibition on the sale and commercial distribution of tobacco products to persons under 18 years of age. Allowed the commissioner to delegate the enforcement authority to local health agencies and to issue grants on an annual basis to fund this activity. The grants are issued from the special projects and development fund financed by an increase in retail dealer and vending machine license fees. NJ S.B. 1186, enacted 1/5/96 and effective 1/1/96.
Increased the civil penalties for selling or giving a tobacco product to a minor and provided for possible license suspension or revocation for second and subsequent violations. Prohibited the commercial distribution of tobacco products at no or minimal cost or coupons or rebate offers to persons under 18. Prohibited the purchase of a tobacco product by persons over the age of 18 for a person who is under 18 years of age. Provided that a person who directly or indirectly sells a tobacco product to a minor through a vending machine is also liable for civil penalties and possible license suspension or revocation for repeated violations. NJ S.B. 279 enacted 1/5/96 and effective 4/4/96.
NORTH CAROLINA
Required persons who sell tobacco products to demand proof of age from a purchaser if they have reasonable grounds to believe that the purchaser is under 18 years of age, failure to do so is a Class 2 misdemeanor. Also prohibited purchase or receipt of tobacco products by a minor, or presenting false or fraudulent proof of age to do so, violation is an infraction. Made it illegal for a person to send or assist a minor to attempt to purchase or receive tobacco products unless they are enlisted by and under the direct supervision of the police, local sheriffs' department or Department of Human Resources, and written parental consent has been obtained. No political subdivision or agency of the State may enact ordinances, rules or regulations concerning the sale, distribution, display or promotion of tobacco products on or after September 1, 1995. This preemption does not apply to the regulation of vending machines.* NC H.B. 766, enacted 6/13/95 and effective 12/1/95.
OREGON
Extended the 10˘ cigarette excise tax that was scheduled to sunset this year to January 1, 1998. The excise tax will continue to be 38˘ per pack until then. OR H.B. 2924, enacted 6/30/95 and effective 9/9/95.
RHODE ISLAND
Required all tobacco vending machines to be equipped with an electronic locking device operated and supervised by an authorized employee, unless the machine is located in an establishment that holds a license to sell liquor and does not permit access of persons under 21 years of age. Tobacco vending machines may not contain non-tobacco products. Also prohibited sales of cigarettes in packs that contain less than 20 cigarettes. RI S.B. 1056, enacted 6/20/95 and effective 1/1/96.
Increased the cigarette excise tax by 5˘ to 61˘ per pack. RI H.B. 6786, enacted 8/7/95 and effective 7/1/95.
Increased the fine for persons who violate state laws regarding smoking in public places to between $50 and $500. RI S.B. 178, enacted and effective 6/30/95.
Restricted smoking in the state house to areas separated from those used by the general public and identified by signs as smoking areas. RI S.B. 920, enacted and effective 6/30/95.
Permitted the increase of prizes awarded in bingo games held in nonsmoking facilities. Prizes may total a maximum of $6,050 in nonsmoking facilities and $4,250 in smoking facilities in any one night. RI H.B. 6430, enacted and effective 6/28/95.
SOUTH DAKOTA
Increased the cigarette excise tax by 10˘ to 33˘ per pack and created a tax on all other tobacco products at the rate of 10% of the wholesale purchase price. Also required distributors and wholesalers to be licensed by the secretary of revenue for the enforcement of the tax provisions. Each license application shall be accompanied by a fee of $150. Retailers are not required to obtain a specific license to sell tobacco products. The Legislature is the exclusive regulator of all matters relating to the use of tobacco products. Nothing prohibits a person or a public entity from voluntarily regulating the use of tobacco products on the person's or entity's property.* SD H.B. 1297, enacted 3/16/95 and effective 7/1/95.
TENNESSEE
Prohibited smoking in all public and private kindergartens, elementary and secondary schools. Adult staff may smoke outdoors, but not within 50 feet of any building entrance. Smoking is also restricted in child day-care centers, youth group-care homes, health care facilities (except nursing homes), museums, children's residential treatment facilities, youth development facilities, and zoos. The adult staff members of these facilities are permitted to smoke only in designated areas to which children are not allowed access. TN S.B. 590, enacted 6/12/95 and effective 7/1/95.
Required persons who distribute tobacco products through the mail to obtain an affirmative statement from the addressee that he or she is at least 18 years old or older, and to inform the recipient that they are strictly prohibited from distributing any tobacco product to persons under 18. Proof that the distributor obtained such a statement and informed the recipient of the prohibition of distribution of tobacco products to minors shall be a defense to any action brought to penalize the distributor pursuant to Tennessee Code Annotated § 39-17-1504. TN H.B. 915, enacted 6/12/95 and effective 7/1/95.
UTAH
Provided an exemption to the prohibition of smoking in public places to allow Native Americans participating in religious ceremonies to smoke tobacco indoors. UT H.B. 149, enacted 3/10/95 and effective 5/1/95.
VERMONT
Increased the cigarette excise tax by 24˘ to 44˘ per pack and the excise tax on other tobacco products to 41% of the wholesale price to fund health care benefits for low income residents. VT H.B. 159, enacted 4/12/95 and effective 7/1/95.
Prohibited smoking on all public school grounds and tobacco use by students at public school events. VT S.B. 72, enacted 4/20/95 and effective 7/1/95.
VIRGINIA
Amended current law to require a notice to be posted on tobacco product vending machines indicating that purchase or possession of tobacco products by minors is unlawful and removed the provision that absolved vending machine owners from fines for illegal sales to minors by posting such a notice. Also increased the civil penalty to $250 for a third or subsequent violation of a person who sells to, distributes to, purchases for or knowingly permits the purchase of tobacco products by any person under 18. Required cigarettes to be sold only in sealed packages provided by the manufacturer, with the required health warning. VA H.B. 2595, enacted 3/25/95 and effective 7/1/95.
WISCONSIN
Increased the cigarette excise tax by 6˘ to 44˘ per pack. WI A.B. 150, enacted 7/26/95 and effective 9/1/95.
For more information on the Coalition on Smoking Or Health, see The American Heart Association.
Return to:
Internist Archives Quick Links
ACP Career Connection
Looking for a new internal medicine or subspecialty position?
ACP Career Connection can help you find your next job in internal medicine. Search internist and subspecialist positions nationwide that suit your criteria and preferences. Jobs are posted about two weeks before print publication of Annals of Internal Medicine, ACP Internist, and ACP Hospitalist. Exclusive “Online Direct” opportunities are updated weekly. Check us out online.
New ACP Online Clinical Information Page
Sneak a peek at ACPs new and improved Clinical Information page! Test drive the beta version of our redesigned Clinical Information landing page, give us your feedback, and help us make it as easy to use as possible.
Your Opinion Counts
Twice a year, ACP participates in a journal readership survey of random internists. If you receive one of these surveys in the mail, please indicate if you read our journals and answer the questions about your reading habits of our journals.
Your voice in these surveys is very important to ACP and enables us to continue to produce the high-quality publications that you expect. Find out more.